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(영문) 대구지방법원 경주지원 2016.05.11 2016고정3
재물손괴
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is all the duties of D golf courses operated by D Co., Ltd., Ltd. at the time of racing.

On April 15, 2015, the general trade union of the victim's Democratic Republic of Korea established four banners, such as a banner between the access road to the above golf course and the right tree "scrack against the union of democratic labor union."

Defendant ordered E, F, G, H, and I, an employee of the said golf course, to remove the said banner on the ground that the said banner interferes with the golf course business, and the said employee removed four banners equivalent to KRW 30,00 in the market price around 16:40 on the same day.

Accordingly, the Defendant, in collusion with the above employees, destroyed the above banner owned by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A report on the examination of each police suspect with respect to F, E, G, H, and I;

1. Statement made by the police to J;

1. The Defendant asserts to the effect that the removal of the instant banner, which is an illegal attachment, constitutes a legitimate act, merely a defensive means to prevent an unlawful business obstruction by the victim, etc.

The Defendant’s act of removing the instant banner was conducted before the issuance of a decision to dispose of the place of interference (2015 Kahap 3035, Sept. 23, 2015) by D Co., Ltd. against the victim, etc.; and even if the instant banner was illegal as alleged by the Defendant, if the victim, etc. voluntarily notified the removal and did not comply with it, the Defendant’s act of removing the instant banner arbitrarily goes beyond the scope of social reasonableness, and it is difficult to view it as a justifiable act merely because it goes beyond self-help and does not constitute a justifiable act.

Therefore, the defendant's above assertion is without merit.

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